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2025 DAILYLAW 22260 (ALL)

HEMANT KUMAR JAISWAL v. STATE OF U.P. AND ANOTHER

NA528/7369/2025 · 2025-03-11

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36582 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 7369 of 2025 Applicant :- Hemant Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aanjaneya Dwivedi,Aditya Narayan Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Aditya Narayan Shukla, learned counsel for the applicant and Sri Kamlesh Kr. Tripathi, learned A.G.A. for the State. 2. The instant application has been filed seeking quashing of the impugned notice dated 19.10.2024 passed by A.C.J.M, Court No.5, Agra, in Complaint Case No. 144250 of 2024, under Section 138 N.I. Act, P.S. Hariparwat, District Agra and stay the further proceeding of the aforesaid complaint. 3. Learned A.G.A. has raised a preliminary objection that the summoning order has yet not been issued against the applicant and only the notice under the proviso of Section 223 of B.N.S.S. has been issued. 4. At this stage, learned counsel for the applicant submits that he may be permitted to withdraw this application. 5. In view of the above, the application is dismissed as withdrawn with the liberty that in case the summoning order is passed the applicant may challenge the same. Order Date :- 12.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad